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The standards applicable to the subdivision of land may be waived by the platting officer for the replat of substandard lots if the following conditions are met:

A. One or more lots involved in the replat are substandard lots, as defined in BMC Title 16;

B. Because of separate ownerships, unavailability of sufficient additional land and similar reasons, it is not reasonable to require the replat of the lot in a manner that will bring the lot into conformance with all the requirements applicable to the lot;

C. One or more of the conditions that make the lot substandard under the present code would be reduced or eliminated under the proposed replat;

D. The number of substandard lots after the replat may not be more than before the replat; except, if one (1) or more conforming lots would be made nonconforming under the proposed replat, the platting officer may waive the foregoing requirement of this subsection only if:

1. The number of conforming lots that will be made nonconforming is the minimum that could be reasonably included to minimize or eliminate the existing nonconformity; and

2. The new nonconforming conditions do not create a significant violation of the purposes and policies for the standard violated.

E. Overall, the benefits to the public from the reduction or elimination of the prohibited conditions would outweigh the disadvantages of any increase in the number or extent of prohibited conditions. The creation of a new condition that violates the applicable provisions of the city code, or expansion of an existing prohibited condition, is strongly discouraged and shall be permitted only for compelling reasons. A new condition that constitutes a new violation of an applicable provision of the city code shall be specifically noted on the documents to be recorded and shall be treated as a nonconforming condition as of the date of recording of the platting officer’s certificate executed pursuant to BMC 17.20.070;

F. The number of lots after the replat will not exceed the number of lots before the replat;

G. All replatted lots will have legal and practical access;

H. No vacations or dedications will occur or be required; and

I. The arrangement and development of the replatted lots will not create drainage problems or adversely affect existing drainage. [Ord. 01-05 § 7.]